Fired cop loses $2 million inheritance

Elizabeth Dinanedinan@seacoastonline.com

Thursday

Aug 20, 2015 at 6:19 PMAug 20, 2015 at 10:10 PM

PORTSMOUTH — Fired police Sgt. Aaron Goodwin lost his $2 million-plus inheritance from the late Geraldine Webber by order of Judge Gary Cassavechia, who concluded that Goodwin exerted undue influence over Webber.

Goodwin did this, the judge wrote, "by acting upon her fears and hopes."

The judge's 63-page order also discounts the credibility of current and former Portsmouth police officials and describes them as "self-serving," "dubious" and "contradictory."

Cassavechia wrote that witnesses during a 10-day hearing in May "raised serious doubt" about Webber's mental capacity, but he called that debate moot because the disputed trust is dismissed due to Goodwin's undue influence over Webber. The judge's Aug. 20 order dismisses Webber's 2012 trust, which gave Goodwin Webber's waterfront home, Cadillac and valuable stocks and bonds.

Cassavechia wrote that he rejected claims by Goodwin and others that Webber loved Goodwin "like a son." The judge wrote "there are enough highly sexual or romantic notations in (Webber's) diaries and sexual references about officer Goodwin in the videotape (of her signing the dismissed trust) to dispossess the Court of the notion that the genesis of her affection was predominantly of a parental nature." Webber was videotaped signing the now-dismissed trust when she spoke of Goodwin in sexual terms.

She was in her 90s and Goodwin was in his 30s at the time, though the judge made a footnote saying the court was "not colored by the May-December" relationship.

The judge noted that multiple Portsmouth police officers testified during the May hearing, some giving conflicting testimony. Cassavechia found there's no evidence that police officials investigated whether Webber was being exploited "by one of their own," casting "a shadow on department officials' credibility" and reducing the weight "given to police witnesses."

"The Court was impressed, though not in a positive fashion, by the apparent lack of concern within the department about the potential for exploitation of Ms. Webber by department employees," the judge wrote. In footnotes, Cassavechia said Capt. Mike Schwartz was a $25,000 beneficiary in Webber's trust that was created at Goodwin's direction. He also notes that Goodwin made cellphone calls to Webber during work hours.

"As such, a reasonable inference can be made that official concern extended to appearances only," Cassavechia wrote.

The judge noted that police officials expressed concerns about attorney Jim Ritzo's cited percentage from Webber's estate, for work he did for her, but Goodwin's inheritance was three times as large and he had only known her for a few months. Cassavechia also dismissed claims made by police officials that Goodwin was instructed by the attorney general's office to help Webber find a lawyer to rewrite her estate plans, stating there is no evidence of that.

"The Court, after due consideration, could write pages of observations regarding the sometimes self-serving and dubious, often contradictory, testimony by Detective (Frank) Warchol, Officer Goodwin, Chief (Lou) Ferland, Captain (Corey) Macdonald and Captain Schwartz," the judge wrote. "These witnesses also displayed an unusual measure of selective memory regarding the events at hand. As such, I find much of the testimony unhelpful to the matter decided today and indeed reflects adversely on the court's assessment of the overall credibility of Officer Goodwin."

On the other hand, the judge wrote that he found testimony during the May hearing by Webber's longtime physician, Dr. Ira Schwartz, to be credible. Schwartz testified that Webber had dementia and that he reported to the state Bureau of Adult Services that she needed help. Schwartz also phoned a lawyer, who was contacted by Goodwin to change Webber's estate plans, and left a message saying he could not attest to her competency.

The judge also found credible the testimony of Webber's landscaper, someone who rented a boat slip from her and two Portsmouth bank officials. All testified in May that Webber's mental health was poor.

Not credible, the judge wrote, were Portsmouth attorney James Ritzo, Goodwin and attorney Gary Holmes, who wrote Webber's dismissed trust on Goodwin's behalf. Cassavechia wrote that testimony from the trio was "often defensively self-serving and at most critical points implausible."

The judge wrote that Webber received a call from her bank in July 2010 and was asked to confirm that Ritzo was authorized to cash checks for her. While she acknowledged that was the case, Webber began accusing Ritzo of unsubstantiated criminal acts, shortly before meeting Goodwin, when he answered an on-duty call to her home. In the two years that followed, Goodwin spoke with Webber, using his cellphone, 832 times, the judge noted.

"The majority of these calls were placed by Officer Goodwin," according to the judge's order.

"It is safe to say that Ms. Webber became very fond of, and perhaps even likely smitten with, Officer Goodwin," the judge wrote.

Goodwin had a key to Webber's home and became in charge of her medical care, the judge wrote. He also took her to her bank in July 2011 and entered the vault where her safety deposit box was located and had it drilled open and replaced, the court order notes.

Goodwin "sought out and actively procured, either personally or through his attorney, Justin Nadeau, a series of attorneys" to get the now-dismissed estate plans made, Cassavechia wrote. Goodwin took Webber out for cocktails and to a casino and arranged for a friend with "a background in wholesale vintage clothing and antiques'" to visit her twice weekly, the judge wrote.

When Webber signed documents to endorse the disputed estate, it was valued at $2.2 million, $2 million earmarked for Goodwin "astonishingly after only knowing Ms. Webber for 18 months," according to the court order.

"Simply put, the uncharacteristic generosity to a relatively new friend, to whom she became emotionally and physically dependent, made the (inheritance) to Officer Goodwin strikingly unnatural," the judge wrote.

Cassavechia wrote that he found Goodwin's version of history — "that he only agreed to accept millions of dollars of assets to make her happy" — not credible.

Attorney Gary Holmes, who drafted the now-dismissed trust, did not review Webber's medical and mental history, ignored a couple of suggestions Webber made about changes she wanted to make to her trust and asked her leading questions, the judge wrote.

Goodwin's inheritance was challenged by several attorneys, including Portsmouth attorney Paul McEachern, who successfully petitioned the court to hold the proceedings in public, on behalf of four of Webber's friends and beneficiaries. McEachern said early on that the case was a "matter of public corruption."

Attorney David Eby represented the Memorial Sloan Kettering Cancer Center and Shriner's Hospital for Children, both of which had their bequests from Webber diminished by Goodwin's involvement. Representing Webber's grandson and only heir, Brett Webber, was attorney Lisa Bellanti.

The Portsmouth police and fire departments were named as one-quarter beneficiaries in Webber's 2009 will, but no one advocated for the city on behalf of those bequests.

A post-trial hearing is scheduled in the Strafford County Superior Probate Court for Sept. 21 to appoint a successor administrator for Webber's estate and to consider whether Webber's prior will be admitted into probate.

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